Sec. 305. Storage facilities
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The Administrator shall establish a storage program to license, construct, and operate through 1 or more non-Federal sector partners, 1 or more government or non-federally owned storage facilities to provide interim storage, as needed, for spent nuclear fuel and high-level radioactive waste. Not later than 180 days after the date of enactment of this Act, the Administrator shall issue a request for proposals for cooperative agreements for a pilot program for the storage of priority waste— to obtain any license from the Nuclear Regulatory Commission and any other Federal or State entity that is necessary for the construction of 1 or more storage facilities; to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and to demonstrate the safe storage of spent nuclear and high-level radioactive waste, as applicable, at the 1 or more storage facilities, pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel or high-level radioactive waste.
The request for proposals under subparagraph
(A)shall include general guidelines for the consideration of storage facilities consistent with each requirement of section 112(a) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10132(a) ), that the Administrator determines to be applicable to above-ground storage. The Administrator may revise the general guidelines from time to time, consistent with this section. The Administrator shall review each proposal submitted under paragraph
(1)to evaluate— the extent to which the applicable States, affected units of general local government, and affected Indian tribes support the proposal; the likelihood that the proposed site is suitable for site characterization under the guidelines under paragraph (1)(B); a reasonable comparative evaluation of the proposed site and other proposed sites; the extent to which nuclear wastes are, or are planned to be, stored or disposed of within the State; the extent to which each proposal would— enhance the reliability and flexibility of the system for the disposal of nuclear waste, including co-location with a proposed permanent geological repository; and minimize the impacts of transportation and handling of nuclear waste; potential conflicts with— a compliance agreement requiring removal of nuclear waste from a site; or a statutory prohibition on the storage or disposal of nuclear waste at a site; and any other criteria, including criteria relating to technical or safety specifications, that the Administrator determines to be appropriate. In reviewing proposals submitted under paragraph (1), the Administrator shall give preference to sites proposed to be co-located with— additional storage facilities for nonpriority waste; or a repository. After conducting a review under paragraph
(2)and any additional site investigation that the Administrator determines to be appropriate, the Administrator shall determine whether the site is suitable for site characterization. From the sites determined to be suitable for site characterization under subparagraph (A), the Administrator shall select at least 1 site for site characterization, giving priority to sites that have been proposed to be co-located with a permanent geological repository, after— holding public hearings in the vicinity of each site and at least 1 other location within the State in which the site is located; and notifying Congress. On selection of a site for characterization under subparagraph (B), the Administrator may enter into a cooperative agreement, subject to section 401(e), with the State, affected units of general local government, and affected Indian tribes, as applicable, that includes— terms of financial and technical assistance to enable each applicable unit of government to monitor, review, evaluate, comment on, obtain information on, make recommendations on, and mitigate any impacts from, site characterization activities; and any other term that the Administrator determines to be appropriate. Subject to subparagraphs
(B)and (C), on completion of site characterization activities, the Administrator shall— make a final determination for each site of whether the site is suitable for development as a storage facility; and select 1 or more suitable sites for storage facilities. Before selecting a site for developing a storage facility, the Administrator shall enter into a consent agreement, subject to section 401(e), to host the facility with— the Governor or other authorized official of the State in which the site is proposed to be located; each affected unit of general local government; and any affected Indian tribe. The consent agreement— shall be binding on the parties, subject to section 401(e); and shall not be amended or revoked except by mutual agreement of the parties. Not less than 30 days before selecting a site for development of a storage facility under paragraph (4), the Administrator shall submit to Congress a program plan that includes— a list of the 1 or more sites the Administrator proposes to select for a storage facility; an estimate of the cost of licensing, constructing, and operating each storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the storage facility; a schedule for— obtaining from the Nuclear Regulatory Commission any license necessary to construct and operate the storage facility; constructing the storage facility; transporting spent fuel to the storage facility; and removing the spent fuel from, and decommissioning of, the storage facility; an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or unit of local government; an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the storage facilities developed under this section; and recommendations for any additional legislation needed to authorize and implement the program. On selection of a site under paragraph (4), the applicant (in the case of a non-Federal facility) or the Administrator (in the case of a federally owned facility) shall submit to the Commission an application for a construction authorization for the storage facility. The Administrator shall seek to ensure that efforts to site, construct, and operate a storage facility for nonpriority waste are accompanied by parallel efforts to site, construct, and operate 1 or more repositories. Except as provided in paragraphs
(3)and (4), the Administrator may issue requests for proposals and select sites for site characterization for 1 or more additional storage facility for nonpriority waste as the Administrator determines to be necessary— subject to the terms and conditions of this section; and in accordance with the mission plan developed under section 504. During the 10-year period following the date of enactment of this Act, the Administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste unless the Administrator has obligated funds for activities under section 306. After the date that is 10 years after the date of enactment of this Act, the Administrator may not issue an additional request for proposals or select a site for site characterization for an additional storage facility for nonpriority waste until the Administrator has selected a site for evaluation under section 306(b)(2). Nothing in this section precludes the Administrator from storing priority waste at a storage facility for nonpriority waste.
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Sec. 305
Storage facilities
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